LATEST-DATES,
Sviney
Rapt
Sept.
Bet
15
HIEND OF CHINA
AND HONGKONG GAZETTE.
EDNE DAY FOVEMBER A)rv. 1816.
A. Me sad kohalf past 6 O'clock P. M-“ Winter Muntha, anestoring with the 1st Novem
Vickirin, 19th October 18:6,
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
own ahawing, to be an inaingern documbeet,
in the first place.
rered sentence
cepetition, word for word, ofto
Fromart Kögther court appenders |
lence, contain the signature of any tuanit
| Court. Why is not the name of Lieut
Brereton, the President of the Court, attac *those parts of the paper, as is customary, and
it doubtless was to the originals.
We ask the reason of this extraordinary orale Bion 2
carcely month since the patiention of the last General Order of Major General 17 Aguilar, The community, and was the cause of sincere regret The Major-General has perpe. Ther act of the same kind, and, accord.
goi, bes printed and published H.
to is the "General Or- ment we refer to er by Jun'ble Major-General D'Aguilar, Commanding the Troops in China," upon the sentsace of a General Court Martial held on Lieute. nant Da Costa of the Royal Engineers on the 23rd Ulia. We copied the precious production fromed the columns of our contemporary the China Mail," in our laen issue.
Cours remark regarding the 16th Article of War, and which anntains a severe but just censure
Major Aldrich, for not having settled the MinsterAK Tithout the ardentofa Quuri Martin lym
Major General D'Aguilar states it as his delibe- rate opinion, that an outrage of this nature is not to be expialed by any expression of regret For can be adjusted by a mere apology,”—and that » Major Aldrich very properly referred it to !? superior authority." Here is a startling propo. sition, diametricnlly opposed to the opinion of the Court, and also to the plain, and abrious meaning. and intention of the 108th Article of War, which depiares Her Majesty's "approbation of the con
duot all those who, having had the misfortune of giring offence to, or of injuring or of insulting '*others, shall frankly explain, apologize, or other
redress for the same.”
Major General D'Aguilar has, wo believe, writ- ten or compiled a book on Military Law, and he may thus be a better anbority on the subject than
the Articles of war themselves!!!
What agam can be wore contemptible than the unconcerned manner in which it in menti met. that the memory of the pricipal witness, Major « Aldrich, was assisted by notes taken imina
diately after the occurrence." Notes taken for what? Why, with the object of raising the pros. perta, and crushing the hopes of a young officer. for life Every high muted gentleman, will loak upon tris, as an oc for which Majer Adrich should for ever Mush, and be ashamed and yet it is passed over by the honourable Major-General D'Agular, as every way correct, and praiseworthy
in the next place, the name of Major-General D'Aguilar 6gures to the first remarks, whilst that wow Crazza will be open for Public War of 13 Bruce, Captain, Assistant Adjutant-one- ral" follows the last, and again the name of "George * D'Aguilar Major-Gen), commanding the Troops ** in China," follows the remarks of the Court, but, as before observed, without the signature of any member of the Court, These may appear trifles --- and would be so--if they did not mark as wo clear y perceive, an intention which to believe to be any thing but a just one. Again, one paragraph of Me- por-General D'Aguilar's observations contains the following words, The Court have Inid particular
stress on certain words attributed by the priapi") mer to Captain Durnford, vis This comes of 44 people talking of what they know nothings abo do." But where does this appear t 1s ¦ is not found as part either of the onginal or røvik. sentence, or of the remarks of the court as pub. ished. It follows then either that the passage ut their remarks or sentence, containing these words, We have taken some pains to arrive at the facts
has been altogether omitted, in their verdict as pub of the case, which are, substantially, as follows,
Fishert, which is therefore, in this respect, a garb. It is one of the qual ties of vain, and little minds, The Royal Engineer Mesa, consisting of three led document, or, that these words are put forth
to inngine that the narrow circle in which they Officers, bave pastaken of their dinner at the early ns part of their semence or remarks, whilst in reali move comprizes "society at large," in fact the boor of 9 and at a somewhat prolonged ty they form no part of either, and which Major world. This repented reference is made to wat sizing-ars pleasantly discussing their Wine or
General D Aguilar has no right to ding forward as is due to "Society," and the necessity of vindien. "Beer, as the case may be. Two of these Officers he has done. But that which strike, us as perfect-ting "Society at large." Probably Society at liare not spoken to each other for a twelve monthly monstrous in this document, is, Major-General large,' and certainly the small portion of it bested or more. It must have been truly exhillraling, to D'Aguilar's evident interference with the indepen within the circumsc. ihad limits of this Island -- have been privileged even as a listener, with a seat den of the Court, and the attempt at bullying may think it is quite expable of vin licating itself, at the hospitable board of these three officers of the them into his own opinion, that op bion being, to without the assistance of Major-General D'Aguilar Scientific Corpa" of the army-to have witnessed increase the punishment which the court, the best or his labored General .ders, and my even care The brotherlike cordiality so obvious to have an only judges of the matter, considered uider all as litle for the obscure brawl at the Mess table joined in the feast of reason and the flow of soul: the circumstances to be adequate to the offence. of the officers of the Roy Engineers," as they do *risttore must have come away perfectly enchanted
for the Honourable Major General D'Aguilar's one. Amidst such overpowering cordiality. Verily
sided fulminations. the Commanding Royal and Superintending Engineer raust have presided at a cheerful and pleasant Mess!
此
Bat to return. The Junior Officer of the three, present on this joy inspiring occasion--whose con- versational powers are well known-propounds a question to his chief, that Chief replies by a brief monosyllable. The subject started was one which in military circles has been the topic of con- versation ever since the 23rd September 1846, and will most likely continue so for many months to
come. The other placer, who had hitherto sat in silence, replies to the question, not addressed to Jimself, and in ne very mild terms; astonished at receiving an answer from one who had not spoken him for a year, and not less so at the language which the reply was counted, the Junior officer The most engaging manner possible, politely re quesis he may not be favored with his opinion on the subject, as it had not been asked. The former persists in enlightening the Junior officer, whether The desires it or not-high words ensue, and in a
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Here are seven Oficers, swara be it obsery.de "to administer justice accor.ling to the rules and ar "sicles of War," or in case of inubt, "Recording
to their consence, the best of their understand. ing, and the custom of War.”
But what signifies 10 Major General D'Aguilar the opinion of seven officers, although, upon outh, and with infinitely better opportunities than bip self of forming a just conclusion; He has already heard one side of the question, that is quite enough for wes, and has consequently prejudged the case.
has already determined upon the sentence that shall be passed, which shall be cashiering or loss i rank at the very least. "Ifa reprimand could have "sufficiently marked the offance it would bare "been easy for the Major-General to indict it but in the exercise of his discretion (?) he consider « zanta of a General Court Marial &c"
ed it his duty to bong the same under the corni in orde, at it turns out, that the severest sentence might be obtained, one which the art have declared the circumstances of the ciso I not call for
1.
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The beautiful ship Rainbque, Captain Hayes, arrived in this harbour on the evening of the 9th; she is last from Callao on the west coast of America.
THE CRIMINAL SESSIONS of the Supreme Court, commenced to day (9th) Mr Pausen acting as criminal Prosecutor on the part of the Crown-in-the-absence of Mr STERLING, the Col nial Attorney-General.
The Calendar is heavy, na will be seen from the following list of cases to be tried:
Jars Conney-Larceny
2 Shalk Abdullah Nabre, diun 3 Jonkm.
4 Chuo-Fong Shang,
5 Foisin,
6 Fubin.
dith. disco.
7 Wao-Apo, Larceny under £5,
Wan-Apo, breaking out of Prison.
9 Chuong-Apo, assault and false imprisonment.
Janac Swimmer tom Pattern.
Chang-Star-Hung
Externon.
| Romnemy, stealing in a dwelling hous over £ 5 13 tamasamy, receting malen goods.
13 Leong-Aloun, atesting in a dwelling house over £5
4 Why Alum
16 Chan- kao,
dino. duo.
16 ban-Amin, receiving at len goods. 17 Jeon-Amuw, cattle stealing,
18 La Aya-ng, stealing from a vossel in the port of
Victoria
19 Fuong, Aw4, stealing goode and merchandise of Lam-
Kre-Ing.
20 Same ditto of Lam. Aman.
21
Wong-fung-Chi
Pop Alum
22
Choor-Wa-Pas
Fam. Ashing
Burglary.
Robbery with arms.
23 Cheang-Alon, alias Man- A look, ditto. 21 War-Aung, Robbery with violence. 25 Let-Afang,
dinto.
90 Wong-Pong-Newn, Cu ting with intent. 27 Jan Caveli, stabbing with intent.
Leang Ahing, stabbing and cutting with intent.
Le. Aung.
Burglary with violence,
20
) Cheang-Auting
30 Mak-Ao, Murde..
Joze Conary accused of stealing some wearing clothes belonging to Domingo Mariano on the 4th September. A Policeman gave evidence that he arrested the prisoner with the clothes in his session, and now sertifies them. The own hing called na a witness did not appear, and in his nhernce there was no proof that the nations did not belang to the prisoner, who was therefore under the direction of the Cour discharged from the bar. The recognizances of Domniago Mariano, and another wibress that also failed to appear, were des clared forfeited.
Shark Abdullah Naber, å Sepoy of the 4261 regiment, was next plan d at the bar, nccnseil of The Rainbow maintains her reputation for sell fh Between there and hur manlig age, the Lo Apon, deposed that be lives at Stanley, and She left New York on the 18th of prisoner and another main gaine to his horse, and speed. May died Cape Horn, and arrived at Val-sked for a light, witness Tried to strike a light parniso no the 17th of August, where, and at bar not succeeding, went out for one from the Coquimbo, she landed, bulf of a full cargo ship ext house. While he was sent they took away ped in America. She sailed from Coquimbon leather bug containing ticen quarter Rupecs, for Callao on the 47 September; at the latter of a Rapee, and 40 cash, he had 1-ft it on the port she landed a moiety of her orginal cargo bed. His wife tried to prevent them from takin (that for China having been shipped at Cat, but coût) not, e quimbo) and started for China or the 12th of L. Shaoch, wife of last witness, rememlig September, after having visited three ports on our cousing in their house about, three the west coast, at all of which she landed or
ago with mother, inan, her husband went took in cargo. The whole of this service has for it, when the prisoner took his jui been executed in 174 days, or the not uncolim take it, and tried in prevea
hond of the bed. It was moonlight, thing direct. This speaks volumes for fast him what had occurred; thus pristilu. mon duration of a passage from England to
nit She cried out for her het
more than made up by the saving in time, they went and fond the man who was with terest on money &c.
the printer, and he pointed our the prisoner in the Barracks. He would not restore the money, and they complained to an offer, who veut thep all over to the Police Court — withess uden-
3 told
tumped.
moment, infamed either by passion, wine, or beer.fo: no little moment-but they have done to at the ships-il they carry less, in long passages they failed in overtaking him next morning
The Junior officer launches the Goblet at the head
of the offender.
In adhering to their original sentence, the curl, have ably maintaised the indepen en e-pin expenss of being brow-beaten, bullied and ritupe. rated by Major-General D'Aguilar, for the heinous. The Chief who had sat surveying the scene in
crime of differing with him in opinion, and form. dignified silence, and wading for what he considering an opinion of their own, all of which is printi ed the proper time for his interference, now with e, and published to the four corners of the earth. Proacing attitude interposes, orders him instantly Gud be praised we know but little of Military into close arrest, and then laking mut his memoran-
Lawa, and have had still less to do with courts m dum Bock, deliberately notes down all that tells a- tial, but we have nevertheless a keen parception of going the Offender, but nothing in his extenuation. of what is common justice. A General Court Mar Within a quarter of an hour he is closeted with tal we believe to be the highest speci s of Military Major-General D'Aguilar, between whom it is ar ranged that a Court Martial shall take place.
On cooling down, in the solitude of his close arrest, the Junior officer, now become the pri- poner, immediately saw he had grievously com. mited himself, and hastened, the same evening, to write a fall and ample apology. So it has been pronounced by all who have seen it-except Ma- joe Aldrich and Captain Durnford. The apology forwarded to Major Aldrich, who instead of placing in the bands of Cape. Durnford immedi staty, and recommending ite frank acceptance, sup- presses it, at least for a time, and calls upon Lieut. Da Costa to de himself down by further concessions which ad gentlemen ooght silber to have asked, or have been required to make. A bargain is Then attempted to be driven with Lieut. Da Costa, to induce him to quit the service, on condition of hearing no further of the Court Martial, but this iso failing, the Court Martial was proceeded with. In this manner we presudite's great part of the sight days between the commission of the offence
and the trim was consumed.
But what, we ask, ought to have been Major Aldrich's conduct throughout this business? Should hare quiedy sat by and bare Allowed this ridi culous squabble to gather head Should he not pare silenced Fapt Durnford, who was the first one of the articles of War; Viz using
& or provoking peches or gestures, {falling this should in hare allowed a real of this kind to have bee pache, or been brought Court Martel unt every other means had
Should he of ha
Tribuad. The members of which act both as Jury and Judges. Under such circumstances it is supposed that they are entirely independent of a external interference-even of the authority cre yeaning them-who has merely the power of Bente ing back their proceedings once for revision, and once only, should there appear any overnight or omission to the proceedings--or should any testi, nical irregularity appear or even if the crime is not visited by its prescribed punishment
A military court would thus apprar to be (ex- cept a Hongkong where it must be regarded rather as a pleasant lilitary, legal fiction) as free from exterasi interference as the Judges of England, of a British Jury duly empannelled
We have been requested to publish the fol. lowing letter. It speaks for itself; but we are sure that the "Committee of pulitic safety at Canton when they transmitted copies of Mr. 5th Instanty for publication in the Hongkong Compton's letter to Sir John Davis (of date the papers, could not have anticipated that that com- munication would have been returned.
TO FRAN
Hongkong Club Oil November 1940. C. Maconego Esc
H M. Consul, Canton, Sie I beg to acknowledge having received back from you the Letter which Find the honor to ahirees to His Excellency Sir J. F. Davis Bart, on the 5th Distant, in reply to his communication of the 22 ul., conveyed to me in a lester from you. dated 27th idew, A
As I and it necessary to offer some explanation on thisubject, I beg to site, that on the morning Now what we ask would he thought in England of the 2nd Infant, I addressed a letter to you in if the twelve Judges were to be soundly, rated, by ply to His Excellency's communication, pre- any authority whatever, for a judgement solemn 17 delivered by them? And even in the case of more ing morning(the 3rd you returned that latter to roe suring that to be the correct course on the follow likely, but still rare occurrence, via the bullying with na uliwation that the proper mode of pros of a Jury (who perform but one half the functions "peeding was to address 11 Excellency direct un- of the members of a court martial) by an angry, order your cover! Consequently on the same day 1 partial Judge; when such a thing has happened, it addressed His. cellency and attached thereto bas rarely tended to raise the individual wearer of the letter, a
Ceviously addressed to you
the ermine, in general esmation, or to create a on the evening of the sth you returned the same profound impression of the peculiar fitness of the in, to me, stating that you " declined receiving, and censed Judge, for the important office he fills:
Le sujorian by in the I should live emu hended to make to therefore
forwardly it by round COMMUNICat
Those however who know Alajo: Cen D'Aguilar, will take this last piece of absurd bal- - bodis derdash, this counterfeit composition, t worth, and go more. We think it must it writer, and will utterly fail of its intention lower the officers composing the coun estination. On the contr greatest compliment that: in them, as net
who was with the prisoner. His, companion, who also belongs to the 42ud, alag with the prisoner. After leaving the honan, declares the he went to the house of last witness
the latter showed him a quarter Rüper and bull' a rupem. Witness did not enter the room, but sur the Prisoner sitting on the heal there was a light in the robin. When prisoner showed the money, he grid he had brought it from home with him, The two last witness a came nust avorting and äšk»
想 ed for the prisoner wittesses full him to returning money; he said he would it, because he had_nul stolen it from them.
The Jury returned a verdiol of Quilty : mud the prisoner was sentencad to be imprisoned for 12 Calendar months, and during that time to be kept
to hard labour.
Joakin gold rings, of the value of 98 three Dollars, and was accused of larceny by stealing two one Rupec, and pleaded not guilty,
The
Rosario Fernandes, cook's mato in the 'employ of Prisoner robbed Clementi, who was also in A'r La Mr Lamont, states: Aliout the middle of June the mont's eiuplo, and ran away over here, money was shown bamself, the
To the witness by Clementi prisoner was living at Mr Lamont's.. After he was taken, he told winess lie hind pledg to his heare, nail got then, the persons name was ed the rings with another person, and took witness John and he lived in the house abuse the Ghaut aerang, Prisoner said he had spent the money on new clothes, Mr Hillier, the Police Magistrate, declared he bad examined the prisoner at the Police Court. He then confessed the crime. He was warned as usual that his confession would be used against him: It was then taken down, and tead in Court. He was found guilty, and sentenced to six months impri-
ith burd labour.
an was charged with larceny: Mr
for the prisoner.
inum) gave eridence that
er had been bought for
ich he paid $100, he good bargain.. eement with Mr. profila.
1er was presen
vadsint present gned the
Delmoner een atuk WRE
The
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